Have I prejudiced my statutory rights?

usupnorth

Well it's great to have so much activity on the thread so thanks to all, but can anyone support or contradict the idea (as initially stated by Equaliser) that you cannot contract out of statutory rights: is this still definitely the case at any stage of the process?

For example, later in the process, a consumer might accept a compromise to avoid a small claims court application. If this specific agreement were to be documented, I can't believe a judge further down the line would then look upon the consumer favourably if they later went back on that compromise with the retailer.

However, it is clear that I was not fully aware of my rights at the time I went along with their 'dodgy' Ts and Cs in good faith, so I would hope for a favourable view from a judge, if it went that far.

By the way, we are talking about a very small amount here, but the malpractice seems so blatant (or highly negligent of the DSRs) that I am determined to exhaust the legal side. I am well aware that I can recover costs (but not solicitor's fees) if it came to it, but let's not get distracted by that issue.

Responses on the point above, or any relevant legal point I am missing gratefully received please.

Googlewhacker

I don't think you can contract out unless it is clear that you are understanding that you are getting a lesser deal than your statutory rights (and I cannot think of any reason why anyone would do this).

As you were unaware at the time that doing what they said puts you in a worse position than the statutory rights then I would say that you have not contravened your statutory rights and would have every right to chase the money.

However it all depends on how much we are talking about, £5-£10 I would probably send an email stating that they are wrong but would not chase it much further, if it was £50-£100 then I would probably chase it as far as possible.

derrick

usupnorth wrote: »

, but can anyone support or contradict the idea (as initially stated by Equaliser) that you cannot contract out of statutory rights: is this still definitely the case at any stage of the process?

There will be something in an Act somewhere, but for the time being see the following quote from Consumer Direct;-

"You often see signs in shops at the counter which say ‘this does not affect your statutory rights’. But what does this mean? What we are talking about here are the legal obligations of retailers and suppliers to protect consumers from fraud, poor quality, misrepresentation or economic loss. The sale of goods is subject to the inclusion of these statutory rights (or terms), whether or not a written contract exists and whether or not they are specifically mentioned at any stage. Any attempt to mislead you or deny you of them is illegal!"


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